[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2432 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2432
To authorize appropriations for the National Oceanic and Atmospheric
Administration for Fiscal Year 1995, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 13 (legislative day, September 12), 1994
Mr. Kerry (for himself and Mr. Stevens) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To authorize appropriations for the National Oceanic and Atmospheric
Administration for Fiscal Year 1995, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Oceanic and Atmospheric
Administration Authorization Act of 1994''.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the term--
(1) ``Act of 1890'' means the Act entitled ``An Act to
increase the efficiency and reduce the expenses of the Signal
Corps of the Army, and to transfer the Weather Bureau of the
Department of Agriculture'', approved October 1, 1890 (26 Stat.
653); and
(2) ``Act of 1947'' means the Act entitled ``An Act to
define the functions and duties of the Coast and Geodetic
Survey, and for other purposes'', approved August 6, 1947 (33
U.S.C. 883a et seq.).
TITLE I--NOAA ATMOSPHERIC AND SATELLITE PROGRAMS
SEC. 101. NATIONAL WEATHER SERVICE OPERATIONS AND RESEARCH.
There are authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric Administration
to carry out the operations and research activities of the National
Weather Service under law, $526,277,000 for fiscal year 1995. Moneys
appropriated pursuant to this authorization shall be used to fund those
activities relating to National Weather Service operations and research
specified by the Act of 1890, the Act of 1947, and any other law
involving such activities. Such activities include meteorological,
hydrological, and oceanographic public warnings and forecasts, as well
as applied research in support of such warnings and forecasts.
SEC. 102. PUBLIC WARNING AND FORECAST SYSTEMS.
There are authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric Administration
to improve its public warning and forecast systems under law,
$160,599,000 for fiscal year 1995. Moneys appropriated pursuant to this
authorization shall be used to fund those activities relating to public
warning and forecast systems specified by the Act of 1890, the Act of
1947, and any other law involving such activities. Such activities
include the development, acquisition, and implementation of major
public warning and forecast systems.
SEC. 103. CLIMATE AND AIR QUALITY RESEARCH.
(a) In General.--There are authorized to be appropriated to the
Secretary of Commerce, to enable the National Oceanic and Atmospheric
Administration to carry out its climate and air quality research
activities under law, $139,023,000 for fiscal year 1995. Moneys
appropriated pursuant to this authorization shall be used to fund those
activities relating to climate and air quality research specified by
the Act of 1890, the Act of 1947, and any other law involving such
activities. Such activities include interannual and seasonal climate
research, long-term climate and air quality research, high performance
computing, elementary education programs to augment global observation
systems, and the National Climate Program.
(b) Climate and Global Change.--Of the sums authorized under
subsection (a), $84,012,000 for fiscal year 1995 are authorized to be
appropriated for the purposes of studying climate and global change.
Such program shall augment and integrate existing programs of the
National Oceanic and Atmospheric Administration and shall include
global observations, monitoring, and data and information management
relating to the study of changes in the Earth's climatic system,
fundamental research on critical oceanic and atmospheric processes, and
climate prediction and diagnostics.
SEC. 104. ATMOSPHERIC RESEARCH.
There are authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric Administration
to carry out its atmospheric research activities under law, $47,020,000
for fiscal year 1995. Money appropriated pursuant to this authorization
shall be used to fund those activities relating to atmospheric research
specified by the Act of 1890 and by any other law involving such
activities. Such activities include research for developing improved
observation and prediction capabilities for atmospheric processes, as
well as solar-terrestrial services and research.
SEC. 105. SATELLITE OBSERVING SYSTEMS.
(a) In General.--There are authorized to be appropriated to the
Secretary of Commerce, to enable the National Oceanic and Atmospheric
Administration to carry out its satellite observing systems activities
under law, $366,201,000 for fiscal year 1995. Moneys appropriated
pursuant to this authorization shall be used to fund those activities
relating to data and information services specified by the Act of 1890
and by any other law involving such activities. Such activities include
spacecraft procurement, launch, and associated ground station system
changes involving polar orbiting and geostationary environmental
satellites and land remote-sensing satellites, as well as the operation
of such satellites.
SEC. 106. DATA AND INFORMATION SYSTEMS.
There are authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric Administration
to carry out its data and information services activities under law,
$35,087,000 for fiscal year 1995. Moneys appropriated pursuant to this
authorization shall be used to fund those activities relating to data
and information services specified by the Act of 1890 and by any other
law involving such activities. Such activities include climate data
services, ocean data services, geophysical data services, environmental
data services, and information services.
TITLE II--NOAA OCEAN AND COASTAL PROGRAMS
SEC. 201. NATIONAL OCEAN SERVICE.
(a) Mapping, Charting, and Geodesy.--There are authorized to be
appropriated to the Secretary of Commerce, to enable the National
Oceanic and Atmospheric Administration to carry out mapping, charting,
and geodesy activities (including geodetic data collection and
analysis) under the Act of 1947 and any other law involving those
activities, $54,012,000 for fiscal year 1995.
(b) Observation and Assessment.--There are authorized to be
appropriated to the Secretary of Commerce, to enable the National
Oceanic and Atmospheric Administration to carry out observation and
assessment activities--
(1) under the Act of 1947 and any other law involving those
activities, $68,546,000 for fiscal year 1995; and
(2) under title II of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1441 et seq.) $13,000,000
for fiscal year 1995.
(c) Coastal Ocean Program.--Of the sums authorized under subsection
(b)(1), $11,433,000 for fiscal year 1995 are authorized to be
appropriated for the purposes of conducting a Coastal Ocean Program.
Such program shall augment and integrate existing programs of the
National Oceanic and Atmospheric Administration and shall include
efforts to improve predictions of fish stocks to better conserve and
manage living marine resources, to improve predictions of coastal ocean
pollution to help correct and prevent degradation, and to improve
predictions of coastal hazards to protect human life and personal
property.
SEC. 202. OCEAN AND GREAT LAKES RESEARCH.
There are authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric Administration
to carry out ocean and Great Lakes research activities under the Act of
1947, the Act of 1890, and any other law involving those activities,
$18,527,000 for fiscal year 1995.
SEC. 203. UNDERSEA RESEARCH.
There are authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric Administration
to carry out its undersea research activities under law, $18,000,000
for fiscal year 1995. Moneys appropriated pursuant to this
authorization shall only be used to fund the ongoing operations of
existing undersea research centers.
TITLE III--NOAA MARINE FISHERY PROGRAMS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
The National Oceanic and Atmospheric Administration Marine
Fisheries Program Authorization Act (Public Law 98-210; 97 Stat. 1409)
is amended--
(1) in section 2(a)--
(A) by striking ``and'' immediately after ``1992''
and inserting a comma; and
(B) by inserting immediately before the period at
the end ``, $51,092,000 for fiscal year 1995'';
(2) in section 3(a)--
(A) by striking ``and'' immediately after ``1992''
and inserting a comma; and
(B) by inserting immediately before the period at
the end ``, $14,198,000 for fiscal year 1995''; and
(3) in section 4(a)--
(A) by striking ``and'' immediately after ``1992''
and inserting a comma; and
(B) by inserting immediately before the period at
the end ``, $17,089,000 for fiscal year 1995''.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. PROGRAM SUPPORT.
(a) Executive Direction and Administrative Activities.--
(1) There are authorized to be appropriated to the
Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to carry out executive direction and
administrative activities (including management, administrative
support, provision of retired pay of National Oceanic and
Atmospheric Administration commissioned officers, and policy
development) under the Act entitled ``An Act to clarify the
status and benefits of commissioned officers of the National
Oceanic and Atmospheric Administration, and for other
purposes'', approved December 31, 1970 (33 U.S.C. 857-1 et
seq.), and any other law involving those activities,
$81,944,000 for fiscal year 1995.
(2) Of the sums authorized under this subsection $1,000,000
is authorized to be appropriated for the purpose of conducting
the study under section 404.
(b) Acquisition, Construction, Maintenance, and Operation of
Facilities.--There are authorized to be appropriated to the Secretary
of Commerce, for acquisition, construction, maintenance, and operation
of facilities of the National Oceanic and Atmospheric Administration
under any law involving those activities, $100,000,000 for fiscal year
1995.
(c) Marine Services.--There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to carry out marine services activities
(including ship operations, maintenance, and support) under the Act of
1947 and any other law involving those activities, $62,599,000 for
fiscal year 1995.
(d) Aircraft Services.--There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to carry out aircraft services activities
(including aircraft operations, maintenance, and support) under the Act
of 1890 and any other law involving those activities, $14,680,000 for
fiscal year 1995.
SEC. 402. CONVEYANCE OF NATIONAL MARINE FISHERIES SERVICE LABORATORY AT
GLOUCESTER, MASSACHUSETTS.
(a) Conveyance Required.--
(1) In general.--The Secretary of Commerce shall convey to
the Commonwealth of Massachusetts, all right, title, and
interest of the United States in and to the property comprising
the National Marine Fisheries Service laboratory located on
Emerson Avenue in Gloucester, Massachusetts.
(2) Terms.--A conveyance of property under paragraph (1)
shall be made--
(A) without payment of consideration; and
(B) subject to the terms and conditions specified
under subsections (b) and (c).
(b) Conditions for Transfer.--
(1) In general.--As a condition of any conveyance of
property under this section, the Commonwealth of Massachusetts
shall assume full responsibility for maintenance of the
property for as long as the Commonwealth retains the right and
title to that property.
(2) Continued use of property by nmfs.--The Secretary may
enter into a memorandum of understanding with the Commonwealth
of Massachusetts under which the National Marine Fisheries
Service is authorized to occupy existing laboratory space on
the property conveyed under this section, if--
(A) the term of the memorandum of understanding is
for a period of not longer than 5 years beginning on
the date of enactment of this Act; and
(B) the square footage of the space to be occupied
by the National Marine Fisheries Service does not
conflict with the needs of, and is agreeable to, the
Commonwealth of Massachusetts.
(c) Reversionary Interest.--All right, title, and interest in and
to all property conveyed under this section shall revert to the United
States on the date on which the Commonwealth of Massachusetts uses any
of the property for any purpose other than the Commonwealth of
Massachusetts Division of Marine Fisheries resource management program.
SEC. 403. REIMBURSEMENT OF EXPENSES.
(a) In General.--Notwithstanding section 3302(b) and (c) of title
31, United States Code, and subject to subsection (b) all amounts
received by the United States in settlement of, or judgment for, damage
claims arising from the October 9, 1992, allision of the vessel ZACHERY
into the National Oceanic and Atmospheric Administration research
vessel DISCOVERER--
(1) shall be retained as an offsetting collection in the
Fleet Modernization, Shipbuilding, and Conversion account of
the National Oceanic and Atmospheric Administration;
(2) shall be deposited in that account upon receipt by the
United States Government; and
(3) shall be available only for obligation for National
Oceanic and Atmospheric Administration vessel repairs.
(b) Limitation.--Not more than $518,757.09 of the amounts referred
to in subsection (a) may be deposited into the Fleet Modernization,
Shipbuilding, and Conversion account pursuant to this section.
SEC. 404. STUDY OF NOAA CORPS.
Within 90 days of the date of enactment of this Act, the Secretary
of Commerce shall contract with the National Research Council to
examine and report to the Secretary and the Congress on the
responsibilities and activities of the National Oceanic and Atmospheric
Administration Corps (hereinafter referred to as the ``Corps'') in
supporting the missions of the National Oceanic and Atmospheric
Administration. In particular, the study shall--
(1) examine future requirements for a uniformed service in
operating the fleet and aircraft of the National Oceanic and
Atmospheric Administration, conducting hydrographic surveys,
managing national marine sanctuaries, conducting oceanic and
atmospheric research, and carrying out other responsibilities
and activities of the National Oceanic and Atmospheric
Administration.
(2) examine the role of the Corps in the fleet replacement
and modernization program;
(3) evaluate and compare the costs of services provided by
the Corps and civilian employees in similar positions; and
(4) assess the availability of trained civilian employees
to carry out identified activities in a cost effective manner
that are currently the responsibility of the Corps.
SEC. 405. WEATHER REPORTING STATIONS FOR PRINCE WILLIAM SOUND.
(a) Installation.--To provide more comprehensive weather
information to ensure the safety of fishermen and tank vessels and to
protect the resources of Prince William Sound from potential oil
spills, the Secretary of Commerce may expend $340,000 to acquire,
construct, and install weather reporting stations in Prince William
Sound, Alaska, as follows:
(1) In the vicinity of Seal Rocks, to acquire and install a
weather buoy capable of measuring and reporting wind speed and
direction, barometric pressure, wave height and period, and air
temperature.
(2) On the existing tower at Bligh Reef, to acquire and
install a weather instrument capable of measuring and reporting
wind speed and direction.
(3) At Potato Point, to relocate the existing anemometer to
a more exposed location in order to provide more accurate
information.
(4) At the Hinchinbrook Lighthouse site, to acquire and
install an anemometer.
(b) Maintenance.--The Secretary of Commerce may expend $160,000 in
each of fiscal years 1995 and 1996 to maintain the equipment identified
in subsection (a).
SEC. 406. CONTRACTOR ACTIVITIES.
Activities of the contractor, including the purchase,
transportation, receiving, and installation of property and materials,
on behalf of the National Oceanic and Atmospheric Administration
pursuant to the modernization of the National Weather Service as set
forth in Public Law 102-567, are hereby expressly exempted from
taxation in any manner of form by any State, county, municipality, or
any subdivision thereof.
SEC. 407. CLEANUP OF NOAA FACILITIES.
(a) Section 201 of the Act of November 2, 1966 (Public Law 89-702;
80 Stat. 1091), formerly known as the Fur Seal Act of 1966, (16 U.S.C.
1161), is amended by adding at the end the following sentence: ``To the
maximum extent feasible, the Secretary shall carry out his duties under
this Act through contracts, compacts, or memoranda of agreement with
the entities on the Pribilof Islands entitled to receive conveyance of
lands by this Act.''.
(b) Section 205 of that Act is amended by adding at the end the
following new subsection:
``(h) The Secretary is authorized to clean up the dumps, debris,
storage tanks, property, hazardous conditions, and contaminants which
the Federal Government abandoned or conveyed to entities of the
Pribilof Islands. The Secretary is authorized to execute contracts or
agreements, including agreements on a reimbursable basis with the State
of Alaska or local governments, and to provide financial and technical
assistance and training requested by said entities, in order to obtain
their services in carrying out any of the Secretary's responsibilities
under this Act.''.
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